SHARP, Justice:
Defendant brings forward only assignments of error relating to the charge. Assignments Nos. 3 and 6 require discussion.
The portion of the charge which is the subject of Assignments No. 3 follows:
"Where a killing is shown to be intentional, and without legal provocation, and without just cause or excuse or where the killing is shown to be done with a deadly weapon, or in a cruel or in a brutal manner, then the law implies that it was...
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